Notice2022-19042
Privacy Act of 1974; System of Records
Primary source
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Published
September 2, 2022
Effective
September 2, 2022
Issuing agencies
Federal Deposit Insurance Corporation
Abstract
Pursuant to the provisions of the Privacy Act of 1974, as amended, the Federal Deposit Insurance Corporation (FDIC) gives notice of the establishment of a new system of records titled "FDIC-039, E- Rulemaking System of Records." FDIC's E-Rulemaking system allows the public to search, review, download and comment on FDIC rulemaking and notice documents via FDIC's website (https://www.fdic.gov/resources/ regulations/federal-register-publications/). This system of records notice covers the records maintained by the FDIC relating to comments and other written input submitted to the Corporation in response to proposed FDIC rulemakings, notices, or other requests for comments.
Full Text
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<title>Federal Register, Volume 87 Issue 170 (Friday, September 2, 2022)</title>
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[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Pages 54214-54216]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19042]
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FEDERAL DEPOSIT INSURANCE CORPORATION
Privacy Act of 1974; System of Records
AGENCY: Federal Deposit Insurance Corporation (FDIC).
ACTION: Notice of new system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Federal Deposit Insurance Corporation (FDIC) gives notice
of the establishment of a new system of records titled ``FDIC-039, E-
Rulemaking System of Records.'' FDIC's E-Rulemaking system allows the
public to search, review, download and comment on FDIC rulemaking and
notice documents via FDIC's website (<a href="https://www.fdic.gov/resources/regulations/federal-register-publications/">https://www.fdic.gov/resources/regulations/federal-register-publications/</a>). This system of records
notice covers the records maintained by the FDIC relating to comments
and other written input submitted to the Corporation in response to
proposed FDIC rulemakings, notices, or other requests for comments.
DATES: This action will become effective on September 2, 2022. The
routine uses in this action will become effective on October 3, 2022,
unless the FDIC makes changes based on comments received. Written
comments should be submitted on or before October 3, 2022.
ADDRESSES: Interested parties are invited to submit written comments
identified by Privacy Act Systems of Records by any of the following
methods:
<bullet> Agency Website: <a href="https://www.fdic.gov/resources/regulations/federal-register-publications/">https://www.fdic.gov/resources/regulations/federal-register-publications/</a>. Follow the instructions for
submitting comments on the FDIC website.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#ceada1a3a3aba0babd8ea8aaa7ade0a9a1b8"><span class="__cf_email__" data-cfemail="43202c2e2e262d37300325272a206d242c35">[email protected]</span></a>. Include ``SORN'' on the subject
line of the message.
<bullet> Mail: James P. Sheesley, Assistant Executive Secretary,
Attention: Comments SORN, Legal Division, Office of the Executive
Secretary, Federal Deposit Insurance Corporation, 550 17th Street NW,
Washington, DC 20429.
<bullet> Hand Delivery: Comments may be hand-delivered to the guard
station at the rear of the 17th Street NW building (located on F Street
NW) on business days between 7:00 a.m. and 5:00 p.m.
<bullet> Public Inspection: Comments received, including any
personal information provided, may be posted without change to <a href="https://www.fdic.gov/resources/regulations/federal-register-publications/">https://www.fdic.gov/resources/regulations/federal-register-publications/</a>.
Commenters should submit only information that the commenter wishes to
make available publicly. The FDIC may review, redact, or refrain from
posting all or any portion of any comment that it may deem to be
inappropriate for publication, such as irrelevant or obscene material.
The FDIC may post only a single representative example of identical or
substantially identical comments, and in such cases will generally
identify the number of identical or substantially identical comments
represented by the posted example. All comments that have been
redacted, as well as those that have not been posted, that contain
comments on the merits of this document will be retained in the public
comment file and will be considered as required under all applicable
laws. All comments may be accessible under the Freedom of Information
Act.
FOR FURTHER INFORMATION CONTACT: Shannon Dahn, Chief, Privacy Program,
703-516-5500, <a href="/cdn-cgi/l/email-protection#6d1d1f041b0c0e142d0b09040e430a021b"><span class="__cf_email__" data-cfemail="d5a5a7bca3b4b6ac95b3b1bcb6fbb2baa3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, FDIC is
establishing a new system of records, FDIC-039, E-Rulemaking System of
Records. FDIC collects comments on rulemakings and other regulatory
actions, which it publishes on its website to provide transparency in
the informal rulemaking process under the Administrative Procedure Act
(APA), 5 U.S.C. 553, and in the regulatory processes established by the
Federal Deposit Insurance Act, 12 U.S.C. 1811. FDIC also may solicit
comments or other input from the public that may not be associated with
statutory or regulatory notice and comment requirements.
The E-Rulemaking system collects and stores comments and input
received by the Corporation. Specifically, the system includes an
option on <a href="https://www.fdic.gov/resources/regulations/federal-register-publications/">https://www.fdic.gov/resources/regulations/federal-register-publications/</a> that allows individuals to electronically submit their
comments or input to FDIC. The system collects the email address of the
commenter, along with any additional information that the commenter
elects to include in their submission, such as their name,
organization, and contact information. Once submitted, the system
stores this information in the E-Rulemaking database. Any comments
received by fax, postal mail, or email are uploaded by authorized FDIC
personnel into this database, collecting all comments into one central
repository. The commenter's email address, name, organization, work
contact information, and comment are published to <a href="https://www.fdic.gov/resources/regulations/federal-register-publications/">https://www.fdic.gov/resources/regulations/federal-register-publications/</a>. The commenter's
personal contact information, or other additional personal information
voluntarily submitted, is generally not published online. The FDIC may
review, redact, or refrain from posting all or any portion of any
comment that it may deem to be inappropriate for publication, such as
irrelevant or obscene material. During a proposed
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rulemaking or other statutory or regulatory notice and comment process,
FDIC personnel may manually remove a comment from publication if the
commenter withdraws the comment before the comment period has closed.
However, comments that are removed from publication will be retained by
the FDIC for consideration as required by the APA, or as part of the
FDIC's documentation of a requested comment withdrawal.
II. The Privacy Act
Under the Privacy Act of 1974, 5 U.S.C. 552a, a ``system of
records'' is defined as any group of records under the control of a
Federal government agency from which information about individuals is
retrieved by name or by some identifying number, symbol, or other
identifying particular assigned to the individual. The Privacy Act
establishes the means by which government agencies must collect,
maintain, and use information about an individual in a government
system of records.
Each government agency is required to publish a notice in the
Federal Register in which the agency identifies and describes each
system of records it maintains, the reasons why the agency uses the
information therein, the routine uses for which the agency will
disclose such information outside the agency, and how individuals may
exercise their rights under the Privacy Act.
In accordance with 5 U.S.C. 552a(r), FDIC has provided a report of
this system of records to the Office of Management and Budget (OMB) and
to Congress.
SYSTEM NAME AND NUMBER:
E-Rulemaking System of Records, FDIC-039.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at FDIC facilities in Washington, DC;
Arlington, VA; and regional offices. Original and duplicate systems may
exist, in whole or in part, at secure sites and on secure servers
maintained by third-party service providers for the FDIC.
SYSTEM MANAGER(S):
Legal Division, Office of the Executive Secretary, FDIC, 550 17th
Street NW, Washington, DC 20429.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 206(d) of the E-Government Act of 2002 (Pub. L. 107-347, 44
U.S.C. 3501 note); Section 553 of the Administrative Procedure Act (5
U.S.C. 553); and the Federal Deposit Insurance Act (12 U.S.C. 1811) and
rules and regulations promulgated thereunder.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to collect, review, and maintain
feedback from the public on proposed FDIC rulemakings, notices, and
other FDIC regulatory actions. FDIC may use any submitted contact
information to seek clarification about a comment, respond to a comment
when warranted, and for other purposes associated with the rulemaking
or notice process.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals providing comments or other input to the FDIC in
response to an FDIC rulemaking, notice, or other request for comment,
as well as individuals who may be discussed or identified in the body
of a comment.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system include comments and other written input
received by FDIC in response to proposed rules, notices, or other
requests for comments associated with Corporation rules, regulations,
policies, or procedures. Comments or input submitted through <a href="https://www.fdic.gov/resources/regulations/federal-register-publications">https://www.fdic.gov/resources/regulations/federal-register-publications</a>
include the commenter's email address and any supplemental information
that the commenter chooses to provide in their submission to FDIC, such
as their full name, job title, organization name, representative name,
mailing address, telephone number, fax number, and supporting
documentation.
The comments or input provided may contain other personal
information, although the comment submission instructions advise
commenters not to include any information that the commenter does not
wish to make available publicly, as all comments, including personal
information, may be posted without change. The system may also contain
summaries or memorializations of general communications input by FDIC
personnel related to the proposed rule, statutory or regulatory
provision, or Corporation activity.
RECORD SOURCE CATEGORIES:
The FDIC receives records from individuals and organizations
providing comments to FDIC, including members of the public;
representatives of Federal, State, or local government; non-
governmental organizations; and the private sector.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside the FDIC
as a routine use as follows:
(1) To appropriate Federal, State, local, and foreign authorities
responsible for investigating or prosecuting a violation of, or for
enforcing or implementing a statute, rule, regulation, or order issued,
when the information indicates a violation or potential violation of
law, whether civil, criminal, or regulatory in nature, and whether
arising by general statute or particular program statute, or by
regulation, rule, or order issued pursuant thereto;
(2) To a court, magistrate, or other administrative body in the
course of presenting evidence, including disclosures to counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal proceedings, when the FDIC
is a party to the proceeding or has a significant interest in the
proceeding, to the extent that the information is determined to be
relevant and necessary;
(3) To a congressional office in response to an inquiry made by the
congressional office at the request of the individual who is the
subject of the record;
(4) To appropriate agencies, entities, and persons when (a) the
FDIC suspects or has confirmed that there has been a breach of the
system of records; (b) the FDIC has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
the FDIC (including its information systems, programs, and operations),
the Federal Government, or national security; the FDIC and (c) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with the FDIC's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm;
(5) To another Federal agency or Federal entity, when the FDIC
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (a) responding to
a suspected or confirmed breach; or (b) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or
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national security, resulting from a suspected or confirmed breach;
(6) To appropriate Federal, State, and local authorities in
connection with hiring or retaining an individual; conducting a
background security or suitability investigation; adjudication of
liability; or eligibility for a license, contract, grant, or other
benefit;
(7) To appropriate Federal, State, and local authorities, agencies,
arbitrators, and other parties responsible for processing any personnel
actions or conducting administrative hearings or corrective actions or
grievances or appeals, or if needed in the performance of other
authorized duties;
(8) To appropriate Federal agencies and other public authorities
for use in records management inspections;
(9) To contractors, grantees, volunteers, and others performing or
working on a contract, service, grant, cooperative agreement, or
project for the FDIC, the Office of Inspector General, or the Federal
Government for use in carrying out their obligations under such
contract, grant, agreement or project;
(10) To Federal, State, and local agencies for use in meeting their
statutory or regulatory requirements; and
(11) To the public or certain stakeholders in the form of FDIC
documents, such as final rules or reports, that use, consider, discuss,
or publish comments received by the FDIC.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored in paper and electronic media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
FDIC may retrieve records by a variety of fields, including but not
limited to, keyword, name of individual or entity submitting a comment,
contact information or any data elements submitted in or as part of a
comment, document title, Code of Federal Regulations (CFR) (search for
a specific title within the CFR), CFR citation (search for the part or
parts within the CFR title being searched), document type, document
subtype, or date (e.g., date comment received or posted, Federal
Register publication date, comment period end date).
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Public comments received in response to rulemakings are temporary
records that are destroyed/deleted 15 years after the rule or
regulation becomes effective, in accordance with approved records
retention schedules.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are protected from unauthorized access and improper use
through administrative, technical, and physical security measures.
Administrative safeguards include written guidelines on handling
personal information including agency-wide procedures for safeguarding
personally identifiable information. In addition, all FDIC staff are
required to take annual privacy and security training. Technical
security measures within FDIC include restrictions on computer access
to authorized individuals who have a legitimate need to know the
information; required use of strong passwords that are frequently
changed; multi-factor authentication for remote access and access to
many FDIC network components; use of encryption for certain data types
and transfers; firewalls and intrusion detection applications; and
regular review of security procedures and best practices to enhance
security. Physical safeguards include restrictions on building access
to authorized individuals, 24-hour security guard service, and
maintenance of records in lockable offices and filing cabinets.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to records about them in this
system of records must submit their request in writing to the FDIC FOIA
& Privacy Act Group, 550 17th Street NW, Washington, DC 20429, or email
<a href="/cdn-cgi/l/email-protection#7510131a1c143513111c165b121a03"><span class="__cf_email__" data-cfemail="93f6f5fcfaf2d3f5f7faf0bdf4fce5">[email protected]</span></a>. Requests must include full name, address, and
verification of identity in accordance with FDIC regulations at 12 CFR
part 310.
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest or request an amendment to their
records in this system of records must submit their request in writing
to the FDIC FOIA & Privacy Act Group, 550 17th Street NW, Washington,
DC 20429, or email <a href="/cdn-cgi/l/email-protection#dfbab9b0b6be9fb9bbb6bcf1b8b0a9"><span class="__cf_email__" data-cfemail="b6d3d0d9dfd7f6d0d2dfd598d1d9c0">[email protected]</span></a>. Requests must specify the
information being contested, the reasons for contesting it, and the
proposed amendment to such information in accordance with FDIC
regulations at 12 CFR part 310.
NOTIFICATION PROCEDURES:
Individuals wishing to know whether this system contains
information about them must submit their request in writing to the FDIC
FOIA & Privacy Act Group, 550 17th Street NW, Washington, DC 20429, or
email <a href="/cdn-cgi/l/email-protection#6a0f0c05030b2a0c0e0309440d051c"><span class="__cf_email__" data-cfemail="c1a4a7aea8a081a7a5a8a2efa6aeb7">[email protected]</span></a>. Requests must include full name, address, and
verification of identity in accordance with FDIC regulations at 12 CFR
part 310.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Federal Deposit Insurance Corporation.
Dated at Washington, DC, on July 26, 2022.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2022-19042 Filed 9-1-22; 8:45 am]
BILLING CODE 6714-01-P
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